Legal European Aspects of Digital Rights Management © Abdullah Sherbini 2006 بسم الله الرحمن الرحيم.

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Presentation transcript:

Legal European Aspects of Digital Rights Management © Abdullah Sherbini 2006 بسم الله الرحمن الرحيم

© Abdullah Sherbini Accept?

3 Agreement You can only listen to this presentation ONCE. You can only listen to this presentation ONCE. Reproducing of this presentation is prohibited, a prior consent is required for reproducing. (Reproducing costs 1,000 euro per copy) Reproducing of this presentation is prohibited, a prior consent is required for reproducing. (Reproducing costs 1,000 euro per copy) In order to store a copy of this presentation in your PC, you are required to allow me to monitor your usage online at all time. In order to store a copy of this presentation in your PC, you are required to allow me to monitor your usage online at all time. You are not allowed to say or use any information provided to you by this presentation unless you have a prior consent from me. (Consent costs 1,000 euro) You are not allowed to say or use any information provided to you by this presentation unless you have a prior consent from me. (Consent costs 1,000 euro)

© Abdullah Sherbini Outline Definitions Definitions Digital Rights Management Systems Digital Rights Management Systems Data Protection Laws Data Protection Laws Conclusion Conclusion

© Abdullah Sherbini Intellectual Property Aljazeera.com Google.com

© Abdullah Sherbini Privacy Hillnews.com

© Abdullah Sherbini Property vs. Privacy Privacy Perspective: “knowledge is power” Privacy Perspective: “knowledge is power” Property Perspective: “knowledge is wealth” Property Perspective: “knowledge is wealth”

© Abdullah Sherbini Argument Info should be accessible to all generations not just for profiting companies. Info should be accessible to all generations not just for profiting companies.

© Abdullah Sherbini Factors made property regimes not impact on privacy info users payday-loans.qc.com1securityproducts.com

© Abdullah Sherbini Copyright Xenu.net

© Abdullah Sherbini Digital Rights Management Systems scrapbookerie.com thecupcakefairy.com

© Abdullah Sherbini Tension: DRMS vs. Privacy Re-use of personal data Re-use of personal data Re-purpose “re-selling” without consent Re-purpose “re-selling” without consent

© Abdullah Sherbini Cookies thecupcakefairy.com

© Abdullah Sherbini DRMS from Privacy perspective 1. Extent to which DRMS will collect & further process personal data 2. Purposes for which these data will be used 3. The conditions under which they will be spread to external actors

© Abdullah Sherbini Functions of DRMS 1. Controlling access to copyright works 2. Restricting unauthorised reproduction 3. Identifying the works, the relevant right- holders 4. Protecting the authenticity of the latter identification data.

© Abdullah Sherbini DRMS vs. Personal Data DRMS register personal data in these ways: DRMS register personal data in these ways: 1. Stored centrally 2. Embedded 3. Transmission of usage

© Abdullah Sherbini Focus of Presentation Legal Factors Legal Factors Limitations set by data protection laws. Limitations set by data protection laws.

© Abdullah Sherbini Data Protection Directive (DPD) EEA (European Economic Area): EEA (European Economic Area): All EU countries & Norway, Iceland, Liechtenstein. All EU countries & Norway, Iceland, Liechtenstein. Influenced other countries Influenced other countries

© Abdullah Sherbini Directive on Privacy and Electronic Communications (DPEC) Extending/fine-tuning DPD Extending/fine-tuning DPD

© Abdullah Sherbini Scope of Data Protection Personal Data in DPD Personal Data in DPD Laws don’t apply Laws don’t apply Uncertainty Uncertainty

© Abdullah Sherbini Principles of DPD 1. Fair collection 2. Minimality 3. Purpose specification 4. Disclosure limitation 5. Data quality 6. Security 7. Data subject participation & control 8. Accountability

© Abdullah Sherbini Basic Conditions for Data Processing Why? Why?

© Abdullah Sherbini Basic Conditions for Data Processing (a) The data subject “unambiguously” consents to the processing (b) The processing is “necessary” for the “performance” or conclusion of a contract with the data subject (c) The processing is “necessary” for compliance with a “legal obligation” on the data controller (d) The processing is “necessary” for protecting the “vital interests” of the data subject (e) The processing is “necessary” for performing a task executed in the “public interest” or in exercise of official authority (f) The processing is “necessary” for the pursuance of “legitimate interests” that override the conflicting interests of the data subject

© Abdullah Sherbini Sensitive Data Such? Such? DPD prohibits Sensitive Data DPD prohibits Sensitive Data

© Abdullah Sherbini Copyright Directive (CD) Protection against: Protection against: 1. intentional and unauthorised alteration 2. Distribution of copyright works

© Abdullah Sherbini Control vs. Prevent

© Abdullah Sherbini Conclusion Clear/Direct rules. “legitimate” Clear/Direct rules. “legitimate” Good lawyer. Good lawyer. Written licence agreements. Written licence agreements. Rules still not yet totally effective. Rules still not yet totally effective. Cases solved according to their own evidence and material. Cases solved according to their own evidence and material.

© Abdullah Sherbini Now?